Banca de QUALIFICAÇÃO: WINSTON DE ARAUJO TEIXEIRA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : WINSTON DE ARAUJO TEIXEIRA
DATA : 30/08/2017
HORA: 09:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

A CONSTITUTIONAL APPROACH TO THE REASONABLE DURATION OF THE

PROCESS IN JUSTICE LABOR

PALAVRAS-CHAVES:

 Reasonable length of process. Principle. Fundamental right. Labor justice.

PÁGINAS: 133
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
RESUMO:

The present dissertation deals with the reasonable duration of the process, specifically, in
labor justice. In this context, the constitutional issues concerning the problematization of the
reasonable duration of the process, as a fundamental right, as well as its applicability in labor
justice, will be addressed. The study of the chosen topic is important because it brings the
discussion about the "delay" in the jurisdictional provision, notably to the one that assures the
fundamental rights of the workers, providing the analysis of the causes and consequences of
the time of the process. The present work aims to develop a constitutional approach to the
reasonable length of the process in the labor courts, considering the reasonable time of the
process in the Brazilian legal system as a fundamental right. The problem of the effects of
time on the jurisdictional activity and the growing phenomenon of the summarization of
procedural cognition, where the process of ample knowledge begins to be seen as a residual
way to solve conflicts. Using the technique of indirect documentation, through a
bibliographical research, we analyze a reasonable conception of the process adequate to the
process of the country; The relationship between efficacy, effectiveness, legal certainty and
the reasonable time of judicial service; The formal validation of the reasonable duration of the
process in the Federal Constitution of 1988, in international law and in some American
countries; And the immediate applicability of this fundamental right. We develop the theme
based on the constitutional bias of the interpretation of fundamental rights and constitutional
principles, an approach that will always bear in mind the need to be guided by a methodology
that contemplates the normative, empirical-dogmatic and fundamental right to the reasonable
time process. We adopt as methodological section the study of this problematic in the judicial
scope, more specifically, in the field of the labor process. Finally, in an analytical and critical
view, we make our conclusions, which demonstrate the possible alternatives and / or
mechanisms that can be used to overcome the limits imposed by the immediate realization of
the fundamental right to the reasonable time of the process in the labor courts. The crisis of
the Judiciary and procedural delays are indicated as problems directly related to the limits and
possibilities of realization of the fundamental right under study.

MEMBROS DA BANCA:
Presidente - 2177963 - BENTO HERCULANO DUARTE NETO
Interno - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Interno - 1197589 - MARIA DOS REMEDIOS FONTES SILVA